81 FR 11120 - Approval of Arizona Air Plan Revisions; Phoenix, Arizona; Second 10-Year Carbon Monoxide Maintenance Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 42 (March 3, 2016)
Federal Register Volume 81, Issue 42 (March 3, 2016)
| Page Range | 11120-11121 | |
| FR Document | 2016-04614 |
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)] [Rules and Regulations] [Pages 11120-11121] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04614] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0645; FRL-9942-17-Region 9] Approval of Arizona Air Plan Revisions; Phoenix, Arizona; Second 10-Year Carbon Monoxide Maintenance Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Arizona State Implementation Plan (SIP). This revision is the second ten-year maintenance plan for carbon monoxide (CO) for the Phoenix metropolitan area in Maricopa County, Arizona. We are also finding adequate and approving transportation conformity motor vehicle emissions budgets (MVEB) for the year 2025 and beyond. We are taking these actions under the Clean Air Act (CAA or the Act). DATES: This rule is effective on April 4, 2016. ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0645 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105- 3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi- volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: John Kelly, EPA Region IX, (415) 947- 4151, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On October 19, 2015 (80 FR 63185), the EPA proposed to approve the Maricopa Association of Governments' (MAG) plan titled ``MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa County Area'' (hereinafter, ``2013 Maintenance Plan'') into the Arizona SIP. We also proposed to find adequate and to approve into the SIP the CO MVEB for the year 2025 and beyond. We proposed to approve this plan and the CO MVEB because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the plan and MVEB and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments. III. EPA Action No comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this plan into the Arizona SIP. The EPA is also finding adequate and approving the motor vehicle emissions budgets in the plan (see Table 1) because we find they meet the applicable transportation conformity requirements under 40 CFR 93.118(e). Table 1 shows the approved and previously approved MVEBs for the Phoenix CO Maintenance Area. Table 1--Approved and Previously Approved Transportation Conformity Motor Vehicle Emissions Budgets for the Phoenix CO Maintenance Area, in Metric Tons per Day (mtpd) ---------------------------------------------------------------------------------------------------------------- Previously Previously approved approved Approved ---------------------------------------------------------------------------------------------------------------- Year......................................................... 2006 2015 2025 ---------------------------------------------------------------------------------------------------------------- CO MVEB...................................................... 699.7 662.9 559.4 ---------------------------------------------------------------------------------------------------------------- IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human [[Page 11121]] health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 2, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: January 25, 2016. Jared Blumenfeld, Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart D--Arizona 0 2. Section 52.120 is amended by adding paragraph (c)(173) to read as follows: Sec. 52.120 Identification of plan. * * * * * (c) * * * (173) The following plan was submitted on April 2, 2013 by the Governor's designee. (i) [RESERVED]. (ii) Additional materials. (A) Arizona Department of Environmental Quality. (1) MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa County Area, adopted by the Maricopa Association of Governments on March 27, 2013. * * * * * [FR Doc. 2016-04614 Filed 3-2-16; 8:45 am] BILLING CODE 6560-50-P
![11120 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations
Dated: February 10, 2016. DATES: This rule is effective on April 4, Maricopa Association of Governments’
J.E. Ryan, 2016. (MAG) plan titled ‘‘MAG 2013 Carbon
Rear Admiral, U. S. Coast Guard, ADDRESSES: The EPA has established Monoxide Maintenance Plan for the
Commander, Ninth Coast Guard District. docket number EPA–R09–OAR–2015– Maricopa County Area’’ (hereinafter,
[FR Doc. 2016–04743 Filed 3–2–16; 8:45 am] 0645 for this action. Generally, ‘‘2013 Maintenance Plan’’) into the
BILLING CODE 9110–04–P documents in the docket for this action Arizona SIP.
are available electronically at http:// We also proposed to find adequate
www.regulations.gov or in hard copy at
and to approve into the SIP the CO
EPA Region IX, 75 Hawthorne Street,
ENVIRONMENTAL PROTECTION San Francisco, California 94105–3901. MVEB for the year 2025 and beyond.
AGENCY While all documents in the docket are We proposed to approve this plan and
listed at http://www.regulations.gov, the CO MVEB because we determined
40 CFR Part 52
some information may be publicly that they complied with the relevant
[EPA–R09–OAR–2015–0645; FRL–9942–17– available only at the hard copy location CAA requirements. Our proposed action
Region 9] (e.g., copyrighted material, large maps, contains more information on the plan
multi-volume reports), and some may and MVEB and our evaluation.
Approval of Arizona Air Plan not be available in either location (e.g.,
Revisions; Phoenix, Arizona; Second confidential business information II. Public Comments and EPA
10-Year Carbon Monoxide Maintenance (CBI)). To inspect the hard copy Responses
Plan materials, please schedule an The EPA’s proposed action provided
appointment during normal business a 30-day public comment period. During
AGENCY: Environmental Protection
hours with the contact listed in the FOR
Agency (EPA). this period, we received no comments.
FURTHER INFORMATION CONTACT section.
ACTION: Final rule.
FOR FURTHER INFORMATION CONTACT: John III. EPA Action
SUMMARY: The Environmental Protection Kelly, EPA Region IX, (415) 947–4151,
kelly.johnj@epa.gov. No comments were submitted.
Agency (EPA) is taking final action to Therefore, as authorized in section
approve a revision to the Arizona State SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’ 110(k)(3) of the Act, the EPA is fully
Implementation Plan (SIP). This
and ‘‘our’’ refer to the EPA. approving this plan into the Arizona
revision is the second ten-year
maintenance plan for carbon monoxide SIP. The EPA is also finding adequate
Table of Contents and approving the motor vehicle
(CO) for the Phoenix metropolitan area
in Maricopa County, Arizona. We are I. Proposed Action emissions budgets in the plan (see Table
II. Public Comments and EPA Responses 1) because we find they meet the
also finding adequate and approving III. EPA Action
transportation conformity motor vehicle applicable transportation conformity
IV. Statutory and Executive Order Reviews
emissions budgets (MVEB) for the year requirements under 40 CFR 93.118(e).
2025 and beyond. We are taking these I. Proposed Action Table 1 shows the approved and
actions under the Clean Air Act (CAA On October 19, 2015 (80 FR 63185), previously approved MVEBs for the
or the Act). the EPA proposed to approve the Phoenix CO Maintenance Area.
TABLE 1—APPROVED AND PREVIOUSLY APPROVED TRANSPORTATION CONFORMITY MOTOR VEHICLE EMISSIONS BUDGETS
FOR THE PHOENIX CO MAINTENANCE AREA, IN METRIC TONS PER DAY (MTPD)
Previously Previously Approved
approved approved
Year ............................................................................................................................................. 2006 2015 2025
CO MVEB .................................................................................................................................... 699.7 662.9 559.4
IV. Statutory and Executive Order Executive Orders 12866 (58 FR 51735, Order 13132 (64 FR 43255, August 10,
Reviews October 4, 1993) and 13563 (76 FR 3821, 1999);
Under the CAA, the Administrator is January 21, 2011); • is not an economically significant
required to approve a SIP submission • does not impose an information regulatory action based on health or
that complies with the provisions of the collection burden under the provisions safety risks subject to Executive Order
Act and applicable federal regulations. of the Paperwork Reduction Act (44 13045 (62 FR 19885, April 23, 1997);
42 U.S.C. 7410(k); 40 CFR 52.02(a). U.S.C. 3501 et seq.); • is not a significant regulatory action
Thus, in reviewing SIP submissions, the • is certified as not having a subject to Executive Order 13211 (66 FR
EPA’s role is to approve state choices, significant economic impact on a 28355, May 22, 2001);
provided that they meet the criteria of substantial number of small entities • is not subject to requirements of
the Act. Accordingly, this action merely under the Regulatory Flexibility Act (5 Section 12(d) of the National
approves state law as meeting federal U.S.C. 601 et seq.); Technology Transfer and Advancement
mstockstill on DSK4VPTVN1PROD with RULES
requirements and does not impose • does not contain any unfunded Act of 1995 (15 U.S.C. 272 note) because
additional requirements beyond those mandate or significantly or uniquely application of those requirements would
imposed by state law. For that reason, affect small governments, as described be inconsistent with the Clean Air Act;
this action: in the Unfunded Mandates Reform Act and
• Is not a significant regulatory action of 1995 (Pub. L. 104–4); • does not provide the EPA with the
subject to review by the Office of • does not have Federalism discretionary authority to address, as
Management and Budget under implications as specified in Executive appropriate, disproportionate human
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![Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations 11121
health or environmental effects, using PART 52—APPROVAL AND in accordance with the instructions
practicable and legally permissible PROMULGATION OF provided in 40 CFR part 178 (see also
methods, under Executive Order 12898 IMPLEMENTATION PLANS Unit I.C. of the SUPPLEMENTARY
(59 FR 7629, February 16, 1994). INFORMATION).
■ 1. The authority citation for part 52
In addition, the SIP is not approved ADDRESSES: The docket for this action,
continues to read as follows:
to apply on any Indian reservation land identified by docket identification (ID)
or in any other area where the EPA or Authority: 42 U.S.C. 7401 et seq.
number EPA–HQ–OPP–2015–0475, is
an Indian tribe has demonstrated that a available at http://www.regulations.gov
tribe has jurisdiction. In those areas of Subpart D—Arizona
or at the Office of Pesticide Programs
Indian country, the rule does not have ■ 2. Section 52.120 is amended by Regulatory Public Docket (OPP Docket)
tribal implications and will not impose adding paragraph (c)(173) to read as in the Environmental Protection Agency
substantial direct costs on tribal follows: Docket Center (EPA/DC), West William
governments or preempt tribal law as Jefferson Clinton Bldg., Rm. 3334, 1301
specified by Executive Order 13175 (65 § 52.120 Identification of plan. Constitution Ave. NW., Washington, DC
FR 67249, November 9, 2000). * * * * * 20460–0001. The Public Reading Room
The Congressional Review Act, 5 (c) * * * is open from 8:30 a.m. to 4:30 p.m.,
U.S.C. 801 et seq., as added by the Small (173) The following plan was Monday through Friday, excluding legal
Business Regulatory Enforcement submitted on April 2, 2013 by the holidays. The telephone number for the
Fairness Act of 1996, generally provides Governor’s designee. Public Reading Room is (202) 566–1744,
that before a rule may take effect, the (i) [RESERVED]. and the telephone number for the OPP
agency promulgating the rule must (ii) Additional materials. Docket is (703) 305–5805. Please review
submit a rule report, which includes a (A) Arizona Department of the visitor instructions and additional
copy of the rule, to each House of the Environmental Quality. information about the docket available
Congress and to the Comptroller General (1) MAG 2013 Carbon Monoxide at http://www.epa.gov/dockets.
of the United States. The EPA will Maintenance Plan for the Maricopa
County Area, adopted by the Maricopa FOR FURTHER INFORMATION CONTACT:
submit a report containing this action Susan T. Lewis, Registration Division
and other required information to the Association of Governments on March
27, 2013. (7505P), Office of Pesticide Programs,
U.S. Senate, the U.S. House of Environmental Protection Agency, 1200
Representatives, and the Comptroller * * * * *
[FR Doc. 2016–04614 Filed 3–2–16; 8:45 am] Pennsylvania Ave. NW., Washington,
General of the United States prior to DC 20460–0001; main telephone
publication of the rule in the Federal BILLING CODE 6560–50–P
number: (703) 305–7090; email address:
Register. A major rule cannot take effect RDFRNotices@epa.gov.
until 60 days after it is published in the
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
Federal Register. This action is not a
AGENCY
‘‘major rule’’ as defined by 5 U.S.C. I. General Information
804(2). 40 CFR Part 180
Under section 307(b)(1) of the Clean A. Does this action apply to me?
[EPA–HQ–OPP–2015–0475; FRL–9942–10]
Air Act, petitions for judicial review of You may be potentially affected by
this action must be filed in the United Fluensulfone; Pesticide Tolerance for this action if you are an agricultural
States Court of Appeals for the Emergency Exemption producer, food manufacturer, or
appropriate circuit by May 2, 2016. pesticide manufacturer. The following
Filing a petition for reconsideration by AGENCY: Environmental Protection
list of North American Industrial
the Administrator of this final rule does Agency (EPA).
Classification System (NAICS) codes is
not affect the finality of this action for ACTION: Final rule. not intended to be exhaustive, but rather
the purposes of judicial review nor does provides a guide to help readers
it extend the time within which a SUMMARY: This regulation establishes a
time-limited tolerance for residues of determine whether this document
petition for judicial review may be filed, applies to them. Potentially affected
and shall not postpone the effectiveness fluensulfone, measured as 3,4,4-
trifluoro-but-3-ene-1-sulfonic acid, entities may include:
of such rule or action. This action may
resulting from use of fluensulfone in or • Crop production (NAICS code 111).
not be challenged later in proceedings to
enforce its requirements (see section on carrots in accordance with the terms • Animal production (NAICS code
307(b)(2)). of an emergency exemption issued 112).
under section 18 of the Federal
List of Subjects in 40 CFR Part 52 Insecticide, Fungicide, and Rodenticide • Food manufacturing (NAICS code
Act (FIFRA). This action is in response 311).
Environmental protection, Air to the issuance of a crisis emergency • Pesticide manufacturing (NAICS
pollution control, Carbon monoxide, exemption under FIFRA section 18 code 32532).
Incorporation by reference, authorizing use of the pesticide on
Intergovernmental relations, Reporting B. How can I get electronic access to
carrots. This regulation establishes a
and recordkeeping requirements. other related information?
maximum permissible level for residues
mstockstill on DSK4VPTVN1PROD with RULES
Dated: January 25, 2016. of fluensulfone in or on carrots. The You may access a frequently updated
Jared Blumenfeld, time-limited tolerance expires on electronic version of 40 CFR part 180
December 31, 2017. through the Government Printing
Regional Administrator, Region IX.
DATES: This regulation is effective Office’s e-CFR site at http://
Part 52, Chapter I, Title 40 of the Code March 3, 2016. Objections and requests www.ecfr.gov/cgi-bin/text-
of Federal Regulations is amended as for hearings must be received on or idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
follows: before May 2, 2016, and must be filed 40tab_02.tpl.
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Document Created: 2016-03-03 03:51:52
Document Modified: 2016-03-03 03:51:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on April 4, 2016. | |
| Contact | John Kelly, EPA Region IX, (415) 947- 4151, [email protected] | |
| FR Citation | 81 FR 11120 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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